Expert Advice When You Need It Most

David Wisniewski's Answers

David Wisniewski
Haddonfield Employment / Labor Attorney.
Contributor Level 7

1

Attorney answers:

  1. David Wisniewski

I have a cancelled check for $10,000 with a memo stating "balance due $10,000." Is there a way to collect that money in PA.

Asked by a user in Butler, PA - over 2 years ago.

What was the check for? What is the date of the check? Was the check cashed?

1

Attorney answers:

  1. David Wisniewski

Settling an old credit card debt??? 4 yrs.old.

Asked by a user in Scottown, OH - almost 3 years ago.

Find out what the statute of limitations on credit card debt in Ohio. If the SOL has expired, you aren't responsible for paying the debt.

1

Attorney answers:

  1. David Wisniewski

I heard a payday loan has to accept any payment and give recipt as proof of attempt to pay or the debt becomes void.

Asked by a user in Potosi, MO - over 2 years ago.

Not true. A myth.

1

Attorney answers:

  1. David Wisniewski

Can a creditor who has settled with you go back and charge the full amount even if you have missed no payments?

Asked by a user in Charlotte, NC - about 3 years ago.

Did you get anything in writing from the cc company about the settlement terms?

1

Attorney answers:

  1. David Wisniewski

Can I settle a judgement for less the full amount?

Asked by a user in Greenville, SC - over 3 years ago.

yes, you can negotiate to settle for less than a full amount. No, it won't restart the reporting period on a credit report.

1

Attorney answers:

  1. David Wisniewski

Negotiating a settlement of a federally insured law school loan

Asked by a user in Brooklyn, NY - over 2 years ago.

BS. I've been able to negotiate federally guaranteed loan amounts down, sometimes for 50 cents on the dollar.

1

Attorney answers:

  1. David Wisniewski

DEBT COLLECTION

Asked by a user in Battle Ground, WA - over 3 years ago.

No. Doesn't sound kosher. What is the name of the company that claims you owe them money? Is it Capital One or a company that purchases debt? If the latter, they probably can't prove that they purchased the debt from capital one. Your attorney should have served discovery upon the plaintiff to see if they have the proper documentation: purchase agreement between the original creditor and plaintiff, copies of the original loan agreement, and copies of the past-due invoices.

1

Attorney answers:

  1. David Wisniewski

What can be done when a collection company does not provide documentation regarding recent payments or accounts under total dept

Asked by a user in Fort Worth, TX - over 2 years ago.

Under the Fair Debt Collection Practices Act, a debt collector must provide written verification of the debt when the consumer makes a written request. If no verification is provided and there are continued efforts made to collect on the debt, that is a violation of the FDCPA. There may be a consumer protection law in your state that might also apply.

1

Attorney answers:

  1. David Wisniewski

Can they evict us? and if so how can I get my money back?

Asked by a user in North Carolina - about 3 years ago.

Was the lease for a year? Month to month? Why does the landlord want to evict you? I would contact the legal aid office in your county.

1

Attorney answers:

  1. David Wisniewski

In the state of Arizona how many days does a person have to legally cancel a contract agreement made over the phone?

Asked by a user in Kingman, AZ - about 3 years ago.

It is a violation of federal law for a company offering "credit repair" services to charge a fee before any work is done. Contact your credit card company and dispute the charge. Don't hire a company to "repair" or "fix" your credit report, you can do it yourself.